Sponsoring a migrant

Rizahidam77 · Post by **Rizahidam77** » Wed Sep 21, 2011 11:36 am

Hi All,

Does a Tier 1 PSW migrant who is employed for more than six months and switching onto Tier 2 Gen. require his job role to be at Graduate Level?

How far it is true that if you meet the salary required by UKBA guidance but the same salaray is not equivallent to what is mentioned into your relevant SOC get you a refusal?

If this would be the case, should i ask my employer to tailer my terms of employement i.e to reduce number of hours on same wages or to increase wages to qualify that SOC?

Kind Regards

Sheffield_Marketeer · Post by **Sheffield_Marketeer** » Wed Sep 21, 2011 1:16 pm

As far as I am aware you must be able to satisfy the salary requirements of your job title. That's very important. Being able to staisfy the general requirement of 20,000 GBP is only the basic requirement.

Rizahidam77 · Post by **Rizahidam77** » Thu Sep 22, 2011 10:46 am

Sheffield_Marketeer wrote:As far as I am aware you must be able to satisfy the salary requirements of your job title. That's very important. Being able to staisfy the general requirement of 20,000 GBP is only the basic requirement.

Dear Member,

I appreciate your point, this seems to be a common issue when a relevant SOC has bit higher wages than whatever the employee's current wages.
As i mentioned earlier, should it be recommended as remedy for applicants to request its employer tailoring contractual work-hours side if they are reluctant to raise the salary to equate with SOC??

Appreciate a robust advise from the respected members...

Kind Regards

mulderpf · Post by **mulderpf** » Thu Sep 22, 2011 11:24 am

No, you cannot increase work hours simply to inflate your wages.

We will award points for a maximum of 48 hours' work per week, even if you work more than this. For example, if you will earn Â£8 per hour, working 60 hours per week, your equivalent earnings for a 48-hour week would be Â£19,968 (8x48x52). Therefore, you will be awarded no points for appropriate salary, even though your actual annual salary will be Â£24,960 (8x60x52).

Rizahidam77 · Post by **Rizahidam77** » Thu Sep 22, 2011 11:33 am

mulderpf wrote:No, you cannot increase work hours simply to inflate your wages.

We will award points for a maximum of 48 hours' work per week, even if you work more than this. For example, if you will earn Â£8 per hour, working 60 hours per week, your equivalent earnings for a 48-hour week would be Â£19,968 (8x48x52). Therefore, you will be awarded no points for appropriate salary, even though your actual annual salary will be Â£24,960 (8x60x52).

Hi Mulder,

I did not meant to increase wages but if an employee is being paid under a 40 hr per week and we tailer it in a way..i.e taking the half an hour breaks upaid to which makes 2.5 hours less per week and 130 hours per year. Ocourse this will be with employers due approval to assimilate the the requirement of wages with SOC especially when wage increase is not welcomed by employer.

arsenal49 · Post by **arsenal49** » Thu Sep 22, 2011 11:23 pm

You can be working 30 hours (minimum) or 48 hours(maximum) or anything in between. The point is that you MUST pro-rate your salary to 37.5 hours.

After doing that, You must be being paid above the hourly-rate expected from the job under which you are going to apply.

For example,If ukba requirement is of 25000 and you are earning 24000 for 37.5 hours per week. You WILL NOT satisfy the requirement purely by working 37.5 + x hours to bring the total salary upto 25k!

This is true for the jobs that fall in Section M. I can't say one way or the other for other jobs

geriatrix · Post by **geriatrix** » Fri Sep 23, 2011 9:46 am

Rizahidam77 wrote:Dear Ones,

I perform L1 user duties besides main job to my employer. I had issued my own CoS for tier 2 gen and It was for 2 years at first place.

Now my extension is due on 18 Jan 2012. Two important questions to invite your point of view on.

1. Is that be OK to generate a CoS for 3 years for extention application?
2. Is that be OK to generate a CoS exactly 3 months before the due extention date and to send the visa application at the same time (which is aboviously 3 months in advance)??

Your comments are invited with due regard.

Thanks

geriatrix · Post by **geriatrix** » Fri Sep 23, 2011 9:54 am

Are you not applying for ILR for the whole family after 5 years as sole representative?

Rizahidam77 wrote:Me and my wife finishing our current leave on December 7, 2011.

Rizahidam77 · Post by **Rizahidam77** » Fri Sep 23, 2011 9:58 am

sushdmehta wrote:Are you not applying for ILR for the whole family after 5 years as sole representative?

Hi Sush,

Both infact, ILR issue is regarding my boss and Tier 2 is about myself. So thats why raised two different consultations side by side.

geriatrix · Post by **geriatrix** » Fri Sep 23, 2011 10:12 am

To avoid confusion, when asking queries on behalf of someone please state so.

Rizahidam77 · Post by **Rizahidam77** » Fri Sep 23, 2011 10:19 am

sushdmehta wrote:To avoid confusion, when asking queries on behalf of someone please state so.

Do appoligies, will take care of it.

geriatrix · Post by **geriatrix** » Fri Sep 23, 2011 10:28 am

Rizahidam77 wrote:1. Is that be OK to generate a CoS for 3 years for extention application?

If a Tier 2 (General) migrant, see 245HE

Rizahidam77 wrote:2. Is that be OK to generate a CoS exactly 3 months before the due extention date and to send the visa application at the same time (which is aboviously 3 months in advance)??

The applicant has 3 months to apply for leave to enter / remain from the date of issue of CoS, after which the CoS becomes invalid. One may issue a CoS even before 3 months of the date of expiry of current leave of the migrant. But do note that one must also apply no more than three months before the start date on the CoS. Therefore, in effect one can get a 6 month window to apply for CoS and then leave to remain application.

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